Help! Husband's 18year old mortgage debt landed on our doorstep today. I'm terrified.

[perplexedofdorset]

no payment has been made for 6 clear years

now this one i am fairly confident about as we have been together since autumn 2004!

[BRIGADIER2JCS]

It is a Council of Mortgage lenders guidance to its' members

(Halifax is a member) the 12 years is draconian in comparison

to other debt including 2nd charges which are not under seal

having a 6 year limitation.

So given all else is clear on payments or acknowledgments

then a ''polite'' letter to Halifax stating the facts as you know them,

is certainly worth considering.

I would like the opinion of others so I will bump the thread.:bump::bump: Urgent advice needed.

 

Brig.

[perplexedofdorset]

bump the thread?????

brigadier are you old enough to have danced the bump??? (as i am??)

 

a ''polite'' letter to Halifax

 

so not to Shoosmiths????

[BRIGADIER2JCS]

Yes I am and more!!!

Sorry to both recorded delivery for tracking.

 

Brig..

[perplexedofdorset]

Sorry to both recorded delivery for tracking.

 

??????????

 

oh no, i understand, send to both Shoosmiths and Halifax and send both recorded!

 

but what should i say, I is but a girl (yeah right!anyone that danced the bump is no girl now!)

with limited, strike that, no Legalese.

[perplexedofdorset]

ah, brigadier, and GUB, your soothing tones and Martin Kemp on Saturday Kitchen are gradually calming me........

[cerberusalert]

bump the thread?????

brigadier are you old enough to have danced the bump??? (as i am??)

 

a ''polite'' letter to Halifax

 

so not to Shoosmiths????

 

Nah.... this is the Brig at his last rave.

 

 

 

[BRIGADIER2JCS]

Keep it simple, along the lines of..

 

Dear Curr or Madman,

 

Ref: account No.XXXXXXX

I refer to recent correspondence and to copies

of old communication, I has come to my notice that

the matter is now 7 years old, I am fully aware that

the Limitation on mortgages under seal is 12 years,

the Council of Mortgage Lenders has stated the mortgage

debts should not be pursued after 6 years and in this

case I will not be making any offer to pay or any payment

now and in the future.

Send copies to all parties by recorded delivery.

 

Brig.

 

And as long as you are young at heart what

matter is physical age, tell your other half he's

lucky to have you dealing with this.

[unclebulgaria67]

What I would suggest that he sends them is a polite but very personal letter setting out the circumstances he was in during the period. Then a reminder of the Council of Mortgage Lenders position that it is unfair to chase beyond 6 years. Make it clear that any further harassment of any kind will be defended and that a complaint will be made to both the CML and FOS in regard to Halifax, plus the SRA in relation to Shoosmiths if this matter is continued.

 

This is the CML bit below. From which you will see that the FSA and therefore the FOS will acccept the voluntary 6 years as being what Halifax should be complying with.

 

----------------------------------------------------------------------------------------------------

 

In England, Wales and Northern Ireland, a lender legally has 12 years in which to contact the borrower to begin the process of obtaining repayment of shortfall debt; this period is usually 5 years in Scotland. From 11 February 2000, lenders who are members of the CML have agreed voluntarily that they will not pursue a shortfall debt following a mortgage possession if they have not managed to contact the borrower within a period of six years from the date a property was taken into possession.

For more information on the voluntary agreement please see the consumer guide on Debt following mortgage possession.

Residential mortgages sold after the 31 October 2004 are regulated by the Financial Services Authority (FSA). The mortgages conduct of business (MCOB) regulations follow the standard set by the CML voluntary agreement, requiring lenders to begin proceedings to collect a shortfall debt within a period of six years.

[perplexedofdorset]

tell your other half he's

lucky to have you dealing with this.

 

god, thank you so much for that comment!!

[perplexedofdorset]

Nah.... this is the Brig at his last rave.

 

and in such a pretty dress too!

[BRIGADIER2JCS]

CHEEKY:clap2:

[perplexedofdorset]

yes...and i have just translated Cerebus Alerts motto!!!!!!

cheeky or what, but true!

[perplexedofdorset]

polite but very personal letter setting out the circumstances he was in during the period

 

what? ...... about the defaulting tenants, toxic marriage, redundancy, nervous breakdown et al ?????????

[BRIGADIER2JCS]

Might be a good idea actually to

point out what the consequences

of their actions really are in my opinion.

 

Brig.

[unclebulgaria67]

Yes I did mean to include personal information about anything that is health related. Yes from you read you would think that companies like Halifax and Shoosmiths are heartless barstewards. But 1) they are still human and 2) if they are made aware of this, then the defence is that your OH was not in a fit state mentally to be issuing any letters/emails during the period when he had these problems. IF Halifax/Shoosmiths did think about pursuing this further, then they would be aware of these health issues and it might either moderate their behavior. Or even better, they might consider how this might affect them legally and not bother at all. I am pretty certain there are legal defences that can be deployed regarding mental incapacity in regard to communications that affect the limitations act. i.e if a judge is persuaded that your OH was not in a fit state of mind when issuing the letters/emails, they could well be ignored. Hence suggestion to make them aware now, if this defence can be used. ( I am not a legal expert, so you will need to look into this, if required. I am sure I have heard about such a defence, but I might be wrong )

[perplexedofdorset]

i think you are confusing these 'people' with human beings...i know i couldn't do their job.

in my case, i escort a mentally and physically disabled boy to and from school each day for the minimum wage!

he's a sweetie and i love him...

job satisfaction 100%

remuneration...well at least i don't have to pay tax!

[perplexedofdorset]

Hence suggestion to make them aware now,

 

good point, but, as you say, veeerry personal!

i will listen to the advice i receive over the weekend and draft a letter, which i will preview here for approval, tweaking etc...would that be ok?

[BRIGADIER2JCS]

Absolutely no problem:-)

[perplexedofdorset]

interesting point!!!

i have just noticed that this letter is just ' signed ' Shoosmiths whereas the previous letters were signed by a particular person at the firm...

(they are still advising my OH to ring that person though!)

just wondered if that means anything??? like they're giving up or something?

[BRIGADIER2JCS]

Standard threatograms from a wide selection

of garbage templates the on ''human'' I use the term only

for convenience and to avoid slandering monkeys''

is the deluded office boy pressing the button on a machine.

[perplexedofdorset]

can anyone decipher this list of debtor payments that was sent?/??

 

status is collect out with agent

headings across are

invoice no.

paid date

paid amount

commission amount

ams split amount

ams split commission amount

 

invoice no's are headings ranging from

dl&c plus month and year to

dl plus month and year

d28729 dl plus date and month

and finally conversion98

 

 

any boffs out there know what these hieroglyphs mean???????????

[BRIGADIER2JCS]

Hello, every companies internal

audit trails are like this, usually

totally meaningless to anyone

who does not work for them.

Your guess is as god as any ones,

we have discussed on CAG before regarding

these documents, and came to the conclusion

that they should be supplied with a key.

 

Brig.

[perplexedofdorset]

done a little digging on the tinternet..........

 

"Debt CONVERSION is the exchange of debt - typically at a substantial discount - for equity, or counterpart domestic currency funds to be used to finance a particular project or policy. Debt for equity, debt for nature and debt for development swaps are all examples of debt conversion."

 

so each time, (13 times actually, once a month from Dec 96 to Dec 97 inclusive) this is recorded on the debtor payment list, as Conversion 98, (presumably the year) was the debt was sold on???? surely not (Shirley!) ???

 

DL, could be the abbreviation for past due or the initials of the original DCA which was Direct Legal Collections,....but where is the C???? da da daaaah!!

 

what is obvious that any payment made is eaten up with AMS commission and split amounts ....

of £3,370 paid (apparently) commission amount was £581,(approx) AMS split amount £780 and AMS split commission amount £124 (approx)

 

Ah well, i have spoken to the OH and he simply no recollection , this is a long period from Dec 96 to July 2000! he thinks he handed the keys back in 94, he thinks???!!!

 

Surely (shirley) someone on here holds a key to the abbreviations?

Edited September 18, 2011 by perplexedofdorset

[BRIGADIER2JCS]

I had a look at some docs this morning

from Welcome (SAR), Cap1 (SAR) and a couple of others

I did some 2-3 years ago all have similar sheets but

all different abbreviations and codes, none have

any explanation.

I future when doing a SAR for anyone I'm going to ''request ''

a key to these items.

Oi my names not Shirley, well not till gets dark.

Edited September 18, 2011 by BRIGADIER2JCS